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Brazil-China: Fast-Track Patent Examination Program Comes into Effect

5 February 2018

Tauil & Chequer Legal Update

As of February 2018, the pilot program entitled Patent Prosecution Highway (PPH) and signed between the Brazilian Patent and Trademark Office (INPI) and Chinese Patent and Trademark Office (SIPO) becomes effective.

The PPH INPI-SIPO is a fast track patent examination, governed, in Brazil, by the INPI through Resolution No. 209/2018. This pilot project allows the patent examination to be conducted with priority once a patent application of the same family has already been analyzed by one of the other country’s patent offices.

In this way, a Brazilian patent application can have its examination expedited through the PPH, in the case that SIPO has already examined the related Chinese application.

The INPI will only exam patent applications related to technical fields of information technology, packaging, measurement technology and chemistry, except those that refer to pharmaceuticals.

The main requirements in order to benefit from the PPH INPI-SIPO in Brazil are: (i) patent application duly submitted to INPI; (ii) patent application published; (iii) patent examination requested; and (iv) patent applications with their annuities payment in good standing.

However, the PPH is not applicable for patent applications: (i) that are divided; (ii) that have a request for prioritized examination granted and published in the RPI (Industrial Property Journal); (iii) where the technical examination has already been initiated by the INPI; (iv) that are suspended due to lack of compliance with an office action issued by the INPI or; (v) under judicial analysis in Brazil.

The request to participate in the PPH can be made electronically through the payment of a specific fee. The requests will be analyzed on chronological order.

During the pilot phase of this program, which will be in force until January 31, 2020, up to 200 patent applications will be accepted.

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